Q: Are email notifications for HOA elections in Florida legally sufficient?
As a former HOA President, I am concerned about the current Board's decision to switch from mailing election notices to only using email, potentially excluding elderly homeowners who may not have email access. Last year, we adhered to Florida law by mailing out notices and ballots, setting a precedent that followed a board member's legal threat. Although email notifications were added during COVID-19, there are no specific provisions in our documents regarding the change in notification method. The community is frustrated by the lack of communication, receiving only two short updates and no contact number for the current Board. Are email notifications for HOA elections legally sufficient in Florida, or must the Board adhere to previous mailing practices?
A: In order to be valid to notify owners by email, the HOA is required to obtain a written consent from that homeowner consenting to receiving notices by email only. If there is more than one owner, each owner would need to consent.
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